Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What You Need to Know About the New Overtime Wage and Hour Rules

Author: Scarinci Hollenbeck, LLC

Date: May 27, 2016

Key Contacts

Back

The Department of Labor (DOL) has made an important announcement on new overtime wage and hour rules

The long-awaited Department of Labor ruling bringing on new overtime wage and hour rules was just made public, according to The National Law Review. This will mean that certain positions within a company may now be subject to overtime pay, which could significantly increase wages, effective Dec. 1 of this year.

While the salary thresholds are slightly less than the originally proposed amount, the new figure is set to double the current minimum wages for overtime pay.

Now more than ever, companies need to examine their operations to assess wage increases and the potential impact of reclassification of certain positions to non-exempt status. Furthermore, companies need to consider how these rule changes will affect exempt employees within their organizational structure.

The potential impact

With a significantly higher wage threshold as part of the new rules, many companies may prefer to switch their wage structure from salaries to hourly workers. This will enable them to accurately track work hours more carefully. The rules will also prompt companies to keep a closer eye on work hours for non-exempt employees as they approach 40 hours per week.

Perhaps the biggest impact will be on productivity. Companies may bring in part-time workers to account for the productivity gap created by non-exempt employees. This is particularly true for smaller businesses that cannot afford overtime. The rules may also force some companies to reduce wages due to the increased overtime pay, which will be the equivalent of time and a half.

The new rules

The salary threshold works as such: workers are entitled to overtime pay that is equal to the 40th percentile of weekly earnings generated by full-time employees in the lowest wage bracket in the country. That will increase the salary threshold for full-time employees who make $23,666 per year to $47,476. Per week, that works out to a bump from $455 to $913. Finally, the new rule will also raise the salary threshold on the “highly salaried employee” exemption to $134,004 per year. These salary thresholds will then be subject to revisions every three years, which may very well mean increases.

What companies should do

Upon implementation of the rule, there will be a grace period. Currently, that grace period will be 60 days from its publication in the Federal Register, which was set for May 23. It is assumed that the government may extend the grace period to as much as 120 days after publication, but that is yet to be determined.

Regardless, this is still a very short amount of time to adjust to such a major change. So companies should examine how their previously exempt positions will be affected. They may also elect to increase wage levels, convert exempt positions to non-exempt and vice versa or restructure their entire organization to reflect the changes. The new salary requirements may prompt many companies to avoid overtime pay altogether within their payroll systems. These companies will also need to file written notice as part of state law if they commit to any of the changes listed above.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications post image

Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]

Author: Dan Brecher

Link to post with title - "Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications"
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors post image

Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors

The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]

Author: Dan Brecher

Link to post with title - "Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors"
Corporate Consolidation and Antitrust Issues in Mergers post image

Corporate Consolidation and Antitrust Issues in Mergers

Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]

Author: Dan Brecher

Link to post with title - "Corporate Consolidation and Antitrust Issues in Mergers"
What is Business Law and Why Is it Important? post image

What is Business Law and Why Is it Important?

Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]

Author: Dan Brecher

Link to post with title - "What is Business Law and Why Is it Important?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!